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DESCRIPTION:THE ENDLESS TRIAL\nAfter a trial of more than a dozen hours over several
months, Commissioner Kim Baskett will announce her verdict in the case of
"Bathrobespierre" Robert Norse and Robert "Blindbear" Facer. \n\nThey are
both accused of "unreasonably disturbing noise", to wit, singing political
songs about the homeless in front of the Bookshop Santa Cruz on 1-6-10
which kept a nearby resident from going to sleep at from 2 to 3 PM in the
afternoon.\n\nThis ridiculous charge has taken up dozens of hours of
activist time, involved the City Attorney, and chilled free speech and song
on Pacific Avenue for a number of activists for half a year.\n\nAttorney Ed
Frey defended Facer; I defended myself.\n\n\nCLOSING STATEMENTS ARCHIVED\nI
played the closing statements of both prosecution and the defense on
Sunday. They are archived in the next to the last hour of the audio file
at http://www.radiolibre.org/brb/brb100919.mp3 \n\nCommissioner Baskett is
to be commended for order a court recording, allowing the defense to make a
recording, and giving court consent to play that recording on the radio.
This is a right that should be routinely acknowledged, but is generally
denied in Santa Cruz courts.\n\n\nIMPORTANCE OF THE CASE\nThe City
Attorney's office in a classic case of political persecution took over the
prosecution though St. George resident Sean Reilly was the citizen
complainant who signed the citation.\n\nI and other activists consider the
case particularly important because it goes to the abusive enforcement
police use to shut down performers and singers on Pacific Ave. by using a
"heckler's veto". \n\nMC 9.36.020--the Unreasonably Disturbing Noise
law--is itself unconstitutionally vague and overbroad. But police are
ignoring its wording which does not allow police to stop singers.
Nonetheless, cops are demanding that musicians stop playing and leave (not
just quiet down). This is done on the whim of any anonymous
complainant.\n\n\nPOLICE AND PROSECUTION ABUSE OF THE LAW\nSchonfield
didn't claim the singers were singing (and playing a small drum and
keyboard) too loud until she reached the courtroom. She also refused to
tell the singers and performers how quietly they should play in order to
be legal.\nNeither did complainant Sean Reilly who also did not warn them
that their singing disturbed his day sleeping.\n\nCommissioner Baskett
severely restricted courtroom testimony, particularly shielding Officer
Shonfield from testimony that she selectively enforced the law. Baskett
refused to allow Schonfield to be questions on why she cited Norse, Facer,
& others on Reilly's sayso, but refused Norse's demand that Reilly be cited
for making a false police report. The SCPD manual as outlined below
requires an officer to have "reasonable cause" in taking a citizen's or
private person's arrest.\n\n\nPOLICE POLICY NOT ALLOWED IN TESTIMONY\nThe
SCPD Police Policy Manual 364.1 provides:\n\n364.2 ADVISING PRIVATE PERSONS
OF THE ARREST PROCESS\n(a) When advising any individual regarding the right
to make a private person’s arrest, officers should refrain from
encouraging or dissuading any individual from making\nsuch an arrest and
should instead limit advice to the legal requirements for such an arrest as
listed below.\n\n"364.4 OFFICER RESPONSIBILITIES\nAny officer presented
with a private person wishing to make an arrest must determine whether or
not there is reasonable cause to believe that such an arrest would be
lawful.\n...\n(a) Should any officer determine that there is no reasonable
cause to believe that a private person’s arrest is lawful, the officer
should take no action to further detain or restrain the individual beyond
that which reasonably appears necessary to investigate the matter,
determine the lawfulness of the arrest and protect the public safety.\n1.
Any officer who determines that a private person's arrest appears to be
unlawful should promptly release the arrested individual pursuant to Penal
Code § 849(b)(1). The officer must include the basis of such a
determination in a related report.\n2. Absent reasonable cause to support a
private person’s arrest or other lawful grounds to support an independent
arrest by the officer, the officer should advise the parties that no arrest
will be made and that the circumstances will be documented in a related
report."\n\n\nAPPEALS PENDING\nAttorney Ed Frey is appealing Becky
Johnson's astonishing conviction in the courtroom of Judge "Armtwist"
Almquiet this spring (see "Notes on a Sinister Sidewalk Singing Trial" at
http://www.indybay.org/newsitems/2010/04/22/18645414.php).\n\nThe Norse and
Facer cases may also be appealed if the verdict comes in "guilty". \n
https://www.indybay.org/newsitems/2010/09/20/18659348.php
SUMMARY:Verdict Due in Singsong 2 Trial
LOCATION:701 Ocean St. Basement of the County Building Dept. 10 the Courtroom of
Commissioner Kim Baskett
URL:https://www.indybay.org/newsitems/2010/09/20/18659348.php
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